Title 29, State Government

§ 5524. Eligibility for disability pension. (a) An employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and develops a disability shall become eligible to receive a disability pension beginning with the fourth…

§ 5525. Payment of service pension. Service pension payments shall be made to a retired employee or former employee for each month beginning with the month in which the retired employee or former employee becomes eligible to receive such pension and ending with the month in which…

§ 5526. Payment of disability pension. (a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases…

§ 5527. Amount of ordinary service or disability pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) (1) The amount of the monthly service or disability pension payable to an employee or former employee shall be the sum of 2.0% of the employee’s final a…

§ 5528. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) (1) Upon the death of an employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, a monthly survivor’s pen…

§ 5529. Death benefit. Upon the death of an employee, former employee or pensioner or if a survivor’s pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to t…

§ 5530. Withdrawal benefit. Upon the withdrawal from service of an employee who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the employee.29 Del. C. 1953, § 5530; 57 Del. Laws, c. 592, § 1; 61 Del. Laws, c. 453,…

§ 5531. Application for benefits. (a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlie…

§ 5532. Increases in pensions. (a) Any monthly service or disability pension which became effective on or before January 1, 1993, and is payable on the date this subsection is enacted into law and any survivor pension based on a former service or disability pension that was effec…

§ 5533. Adjustment of benefits. (a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. (b) The amount of any pension which became effective before 1971 shall be the greater of: (1) The monthly pension paid in December, 1970;…

§ 5534. Corrections officers [Repealed]. Repealed by 63 Del. Laws, c. 452, § 1, effective July 23, 1982.

§ 5541. Establishment of Fund. There shall be established a State Employees’ Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon d…

§ 5542. Board of Pension Trustees. The Board of Pension Trustees, established by § 8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.29 Del. C. 1953, § 5542; 57 Del. Laws, c. 592, § 1; 58 Del. Laws,…

§ 5543. Employee contributions. (a) (1) Effective January 1, 1998, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000 provided, however, that post-2011 employees will pay an employee contribution rate of 5% of total annual compensation…

§ 5544. Actuarial valuations and appropriations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determin…

§ 5545. Full actuarial funding. No laws establishing special pensions, whether they be service pensions, disability pensions, survivor’s pensions or otherwise, shall be enacted by the General Assembly unless, at the time of enactment, an appropriation is passed that provides full…

§ 5546. Burial benefits. (a) Upon the death of an individual receiving a pension under this chapter the sum of $7,000 shall be paid from the Fund to a designated beneficiary or in the absence of a designated beneficiary the amount of this benefit shall be paid to the deceased pen…

§ 5547. Employer pickup of employee contributions. (a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414 (h)(2)], shall pick up and pay the contributions which would otherwise be payable by the emplo…

§ 5548. Establishment of Post Retirement Benefit Fund. (a) (1) There shall be established a State Post Retirement Benefit Fund, hereinafter referred to as the “Post Retirement Fund,” separate and distinct from the funds established under §§ 5541 and 5601 of this title; § 8393 of …

§ 5549. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the State Employees’ Pension Plan shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 84;

§ 5550. Establishment of Post Retirement Health Insurance Premium Fund [Repealed]. Repealed by 76 Del. Laws, c. 70, § 6, effective July 1, 2007.

§ 5551. Definitions. As used in this chapter: (1) “Approved medical leave” means a leave of absence from employment, without pay, for a definite period of time, authorized by the employer, and necessitated by the employee’s mental and/or physical condition. Approved medical leave…

§ 5552. Employment of pensioners. An individual shall not receive a pension under this chapter for any month during which the individual is an employee, unless the individual is: (1) An official elected by popular vote at a regular or special election; or (2) An official appointe…

§ 5553. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designat…

§ 5554. Waiver of benefits. Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shal…

§ 5555. Optional participation of counties and municipalities. Any county or municipality, including state governmental subdivisions, Delaware State Housing Authority, volunteer ambulance company, and volunteer fire company, may elect to participate in the State Employees’ Pensio…

§ 5569. Retirement option. When a member applies for a pension, he or she shall choose either a unified pension or an ordinary pension.67 Del. Laws, c. 86, § 6; 70 Del. Laws, c. 186, § 1;

§ 5570. Amount of unified service, disability or survivor pension. The amount of unified pension payable to an employee, former employee or survivor shall be the sum of: (1) The amount computed according to this chapter, exclusive of service credited under § 5551(4)b. of this tit…

§ 5571. Mandatory retirement. A member shall retire on the member’s mandatory retirement date as established by the employer.62 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 186, § 1;

§ 5572. Eligibility for service pension. (a) A member shall become eligible to receive a service pension, beginning with the month after the member has terminated employment, if: (1) The member has 5 years of credited service, and has attained age 62; or (2) The member has 15 yea…

§ 5573. Vested right to service pension. (a) A member who has 5 years of credited service shall have a vested right to a pension. (b) An inactive member’s vested right shall be forfeited upon an application for a refund of the member’s accumulated contributions and cancellation o…

§ 5574. Eligibility for disability pension. (a) A member who has 5 years of credited service, develops a disability and is no longer employed shall become eligible to receive a disability pension beginning with the month following the inception of his or her disability. Such memb…

§ 5575. Payment of service pension. Service pension payments shall be made to a retired member for each month beginning with the month in which the retired member became eligible to receive such pension and ending with the month in which the retired member dies.62 Del. Laws, c. 3…

§ 5576. Payment of disability pension. (a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies. (b) A…

§ 5577. Amount of monthly service or disability pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) The amount of the monthly service or disability pension payable to a retired member shall be 1/6 0 of the retired member’s final average compensation mul…

§ 5578. Ordinary survivor’s pension. (a) Upon the death of a member in service who has 5 years of credited service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 1/2 of the service pension for which the employee would have bee…

§ 5579. Death benefit. Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactiv…

§ 5580. Withdrawal benefit. Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member.62 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 132, § …

§ 5581. Application for benefits. (a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlie…

§ 5582. Increases in pensions. Any monthly service pension, disability pension or survivor pension based on a former service or disability pension which is payable on July 7, 2005, shall be increased effective July 1, 2005, by the amount of difference between the pensioner’s comp…

§ 5591. Member contributions. (a) Effective January 1, 2006, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions. (b) An emp…

§ 5592. Employer contributions. The contribution of an employer for each fiscal year shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal: (1) The normal cost; plus (2) Adjustments for actuarial gain…

§ 5593. Establishment of Fund. There shall be established a County and Municipal Employees’ Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under Chapter 55 of this title, to which county or municipal appropriations and othe…

§ 5594. Employer pickup of member contributions. (a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members …

§ 5595. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the County and Municipal Employees’ Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132,…

§ 5600. Definitions. For purposes of this chapter: (1) “Board” means the Board of Pension Trustees established under § 8308 of this title. (2) “Closed plan” means the eligibility and benefit pensions under this chapter in effect on June 30, 1980. (3) “Commissioner” means an indiv…